The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-04-26
STOOD TEN TO TWO.
A Mistrial Declared in the Fogarty
Case Last Night.

"A MlSIflal declared IN Gne FOEarCy
Case Last Night.
At o'clock last night the twelve jurors
in the Thomas Fogarty case completed their
seventy 1.-TWO hours of captivity and were
discharged. All day they remained out
patiently waiting for His Honor, Judge
Adams, to send for them. Finally, at 8
O'Clock a message was sent to the Judge in
forming him that there was no prospect Of
verdict. He reached the court house
about Z O'clock. Solicitor General duBignon,
representing the State, and Col. VIII
liam Garrard, representing the de
fendant, Were present, Fogafty had
not been brought out from jail
and hi shonor said that he would be back at
8 o'clock. At that hour the prisoner was
taken into the court room, and the lawyers
being present the jurors were called in.
Some of them were expecting they would
have to stay out another night and had
already wrapped themselves up for slumber.
When they were all seated Judge Adams,
addressing Mr. d. G.. HEIDI said:s
"Mr. Foreman have received a comnu-
nication i'll which you state that in your
opinion the jury cannot agree. Have YOU
any difficulty about any question of law"
Il don't think so, the foreman replied.
'You do not desire TO be recharged!"
"Your charge, believe, was fully under
stood"
There is no question, then, as to which
the court can aid you III any manner"
lit does not seem so to me, sir. We have
talked the case over freely, and cannot
agree"
| jury cannot agreeF
''There does not appear to be any chance,
| your honor"
Then, gentlemen, relying upon that
statement of your foreman, will not keep
| you together longer, and inasmuch as YOU
have been away from your homes, your
business and your families for four days
do not think that the court ought to require
| You any longer
Mr. Reidt was accordingly withdrawn
and a misti'ial was declared. The twelve
jurors were then discharged for the term.
Mr.. duBignon Immediately asked the court
to reassign the case for trial tomorrow,
saying that he thought it was his duty to
the State and the public to try the case at
the present term.
Col Garrard objected to an assignment
for tomorrow Mr. Meldrim, bis partner,
is in Atlanta he stated, attending the Su-
preme Court and viii be engaged there on
Wednesday and probably on Thursday. As
Mr.. Meldrim had conducted the defense
Col. Garrard stated that it would be i'm
possible for his firm to handle the case this
week. Judge Adams stated that he had
intended to adjourn the court on Saturday
for the term, as he will start out on the cir
cult Monday, going to Bryan county. He
fiually decided to set the case for Thursday
of next week, May 5.
Fogarty was taken back to Jail after the
mistrial was declared. There were very few
present in court when the jury came in.
The young prisoner appeared to be consid-
erably affected. One of the jurors stated
that they stood ten for conviction and two
for acquittal. the two being Robert j. Har-
rors desired it stated that they did not guy
any ladies while locked up. The deputies
all agreed that it was the quietest jury that
they ever had charge of for such long time,
In case it seems Impossible to Judge Adams
for an impartial jury to be obtained he can
grant change Of venue upon the applica-
ton of either the defense or the State and
transfer the case to one Of the other counties
| in the circuit